건축법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the representative of A architect office in E at the time of macronomation, and is the supervisor of a detached house in the F at the time of macronomation.
No construction supervisor shall submit an interim report or a completion report of supervision without justifiable grounds, or prepare and submit a false report to the project owner.
Nevertheless, around April 14, 2016, the Defendant filed a false statement in the column of “other matters” and the column of “general check” with the owner of the building, on the following grounds: (a) the 1st floor gate mathy and the 3th floor of the building; (b) the 4th floor scke and the sckeing of the windows around the 4th floor scke and the sckeing of the windows; and (c) the Defendant did not complete the construction work according to the design drawings.
Summary of Evidence
1. Partial statement of the defendant;
1. A supplementary statement of witnesses;
1. A written accusation;
1. The defendant's act asserts to the effect that the act of the defendant constitutes a justifiable act, since it is customary that the non-execution part is not mentioned in the supervision completion report as to the minor and minor non-execution part.
However, the non-execution part is minor, such as protruding hardware, because electric wires and pipes are exposed and they have not completed the studio shielding construction due to the failure to complete the studio works.
not, but the non-execution part is minor.
Even if the act of false entry in the report on the completion of supervision is not a practice of the building industry, and even if so, it is not so.
Even if such practice is illegal, it cannot be seen as an act which is socially acceptable or which does not violate social norms, and thus, the defendant and his defense counsel's above assertion shall not be accepted.
Application of Statutes
1. Article 110 Subparag. 6 and Article 25 Subparag. 5 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016) (amended by Act No. 14016, Feb. 3, 201);
1. The Criminal Act to attract a workhouse;